"11. As an independent filmmaker struggling to achieve mainstream recognition, Mr. Hoss invests virtually all of his personal income into his projects, as well as functioning in multiple roles as writer, director, producer, cinematographer, actor, editor, and even stunt man for his projects.
12. Mr. Hoss also composes all of the original soundtrack works for his film projects which music works have also received independent recognition.
13. Mr. Hoss has passionately invested his time, energy, and occasionally blood into his film projects.
14. In fact, on August 14, 2013 during the six week period filming the Work, which included a highly physical “Parkour” action sequence, Mr. Hoss was hospitalizedwith multiple fractures to his skull, a fractured elbow, a concussion, and facial nerve damage due to blunt force trauma when Mr. Hoss suffered a fall onto concrete while training for the Work’s action sequence.
15. Needless to say, Mr. Hoss has invested substantial time, effort, money, and quite literally his physical well-being to generate the original content for his Work."
His lawyer is stuffty because he's trying to appeal to a jury in the civic action document. He also could be a good lawyer trying to look like stuff so the actual bad arguments aren't found in the actual case, but I prefer the former.
"19. The Infringing Video consists of virtually all of the original Work, comprising the majority of the Infringing Video, with some original work by the Kleins comprising a minority of the Infringing Video."
This is a false statement of worthy of being guilty of perjury in my opinion.
"20. The Infringing Video does nothing to alter the original Work with new expression, meaning, or message.
21. The Infringing Video fails to contribute a single substantive comment, criticism, or even parody to or of the original Work."
See: it makes fun of it and it does comment on it.
"23. The Infringing Video wa seven advertised by the Defendants by utilizing a still “thumbnail” image from the original Work (as opposed to a still image from the Defendants’ “original content,” minor as that is, from their Infringing Video) which advertisement, on information and belief, was specifically tailored by the Defendants to confuse viewers into thinking that, by clicking on the hyperlink to the Infringing Video,they would be taken to the original Work."
This one has especially snarky comments in it, such as "minor as that is". Perjury as well!
Also, they put their large "Ethan and Hila" tag on the video, and they also talk for 3 minutes before showing the content of the video.
